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Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 5209
Experience:  Licensed to practice before state and federal court
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As an independent contractor, if I actually work 72.5 hours

Customer Question

As an independent contractor, if I actually work 72.5 hours but am asked to sign an invoice for 40 hours, is this time card fraud?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: The work takes place in Florida but the contract is a US Government time and materials contract with the Department of Defense through the Department of Interior.
JA: Has anything been filed or reported?
Customer: No. I am uncomfortable signing an invoice for 40 hours (hours authorized in my statement of work) when both I and the Contractor know I actually worked 72.5 hours.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of. Thaks, Pearl.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, eligible to practice in front of state and federal court, who is ready to help. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. My recommendation would be not to sign an invoice for 40 hours. If you work these 72.5 hours, then you should report the amount that you weren't. Depending on the agreement that you had with the government, they may only pay you for the 40 hours if that's what you agreed to, but if you still work over that time, then I would still put the 72.5 hours and then deal with the payment issue later. It is possible that the government simply just has a standard form that says that you work 40 hours, but you can simply cross out the part where it says 40 hours in put 72.5. If you decide to sign the invoice at 40 hours, then it would not be considered fraud, but you would be agreeing to me only pay for 40 hours.

If that doesn't work, you may want to get a protective order from your local sheriff's office as well.

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